But before you print those business cards or, more importantly, start building your website, you absolutely must check if that brilliant name is available. This guide will walk you through exactly how to do that, ensuring your chosen name is free and straightforward to use.

Why is Checking Your Business Name So Important?

You might be thinking, “It sounds good, why bother checking?” Skipping this step can lead to significant headaches down the road. Let’s break down why thorough checking is non-negotiable:

  1. Legal Issues (Trademarks): Imagine building your brand, launching your website (perhaps using a great platform like WordPress with Elementor to make it look stunning!), only to receive a cease-and-desist letter. Another business might already have a federal or state trademark on the name or one very similar to it in the same industry. This could force you into a costly rebranding process or even legal battles. Protecting yourself starts here.
  2. Branding Confusion: If another business, especially one in a related field or the same geographic area, uses the same or a similar name, customers can become confused. You don’t want potential clients to accidentally land on a competitor’s site or mistake their reputation (good or bad) for yours. A unique name helps you stand out.
  3. Domain Name Availability: In today’s world, your website is your digital storefront. Your domain name (e.g., your.com, s.org, .co) should closely match your business name. If YourGreatName.com is already taken, it dilutes your brand identity online and can make it harder for customers to find you.
  4. Social Media Handles: Consistency is key for branding. You’ll want your business name to be available as handles or usernames on major social media platforms, such as Facebook, Instagram, Twitter (now known as X), and LinkedIn. Having mismatched handles can look unprofessional and complicate your marketing efforts.

Checking thoroughly upfront saves you time, money, and stress in the long run. It ensures you’re building your brand and your online presence on a solid foundation.

Failing to check your desired business name can lead to legal trouble, customer confusion, and difficulties establishing a consistent online identity, including securing the right domain name for your website.

Levels of Checking: Where to Look

Checking a business name isn’t a single search; it involves looking in several different places. Think of it like layers of confirmation. Here’s where you need to investigate:

Federal Level: U.S. Patent and Trademark Office (USPTO)

This is about trademarks. A trademark protects brand names and logos used for goods and services at a national level. Even if a name is available in your state’s business registry, it might be trademarked federally.

Why Check Federal Trademarks?

  • Nationwide Protection: A federal trademark grants exclusive rights across the entire United States. If someone holds this, using the name anywhere in the United States for related goods or services could constitute infringement.
  • Profound Legal Implications: Trademark infringement can lead to lawsuits, damages, and being forced to stop using the name entirely.

How to Search the USPTO Database (TESS)

The USPTO provides the Trademark Electronic Search System (TESS). It’s a powerful, albeit slightly complex, database. Here’s a simplified approach:

  1. Go to the USPTO Website: Navigate to the official USPTO site. Look for trademark tools or the TESS search system.
  2. Choose a Search Option: TESS offers several search options. For beginners, the “Basic Word Mark Search (New User)” is often the best starting point.
  3. Enter Your Name: Type in your desired business name. Keep it simple initially.
  4. Review the Results: Look carefully at the search results. Pay attention to:
    • Exact Matches: Are there any identical names registered?
    • Similar Names (Sound, Appearance, Meaning): TESS uses “likelihood of confusion” standards. Check for names that sound similar (“Phonetic Similarity”), look identical, or have a similar meaning or commercial impression.
    • Goods and Services: Note the “Goods and Services” listed for each relevant trademark. Is it in the same industry as your planned business? A trademark for “Orion” in aerospace is different from “Orion” in baking supplies. Conflict usually arises when the industries are related, potentially confusing consumers.
  5. Check Status: Note the status of any potentially conflicting marks. “Live” means it’s active. “Dead” means it’s expired or abandoned, but proceed with caution – it could be revived, or common law rights might still exist.
  6. Use Advanced Search (Optional): As you become more comfortable, explore structured or free-form searches for more nuanced checks (e.g., searching for specific international classes of goods or services).
  • Table: Key TESS Status Meanings
StatusMeaningImplication
LIVEThe trademark registration or application is currently active.There is a high potential for conflict if the name and goods or services are similar.
DEADThe trademark registration or application is no longer active.There is a lower potential for conflict, but caution is still advised.
PENDINGThe application is currently being examined by the USPTO.A potential conflict exists; the application may still be approved. Monitor status.
ABANDONEDThe applicant did not complete the application process.Similar to DEAD, but with a lower risk, not zero.
  • Complexity: The system can be intimidating initially.
  • Interpretation: Determining the likelihood of confusion can be subjective and often requires legal expertise for definitive answers.
  • Common Law Rights: TESS primarily shows registered or pending trademarks. Some businesses may have common law rights to a name due to its use in a specific geographic area, even without formal registration. These won’t appear in TESS.

Checking the USPTO’s TESS database is crucial to avoid infringing on federally protected trademarks, which offer nationwide rights. Focus on exact and similar names within related industries, and be aware of the trademark’s status.

Each state maintains a database of businesses registered to operate within its borders, Such as Corporations, LLCs, and partnerships. You need to check if your desired name is already registered as a business entity in the state(s) where you plan to operate.

Why Check State Registries?

  • Formation Requirement: Most states won’t allow you to register a new business entity (like an LLC or Corporation) if the name is identical or “deceptively similar” to an existing registered entity name in that state.
  • State-Specific Rights: While not as broad as a federal trademark, registering your business name provides some level of name protection within that state.

How to Search State Databases

The process varies slightly by state, but generally involves these steps:

  1. Identify the Right Agency: This is usually the Secretary of State (SoS), but it may also be the Department of Corporations, the Division of Corporations, or a similar agency. Search online for “[Your State] business entity search.”
  2. Find the Online Search Tool: Most states have a free online database search portal on the agency’s website.
  3. Enter Your Name: Input your desired business name. Some tools allow partial name searches or keyword searches.
  4. Review Results: Check for exact matches and names that are very close. States often have specific rules about what makes a name “distinguishable” (e.g., adding “Inc.” or “LLC” might not be enough if the core name is identical).
  5. Check Name Availability Standards: Look for information on the SoS website about their specific rules for name availability and distinguishability.
  • Example: If you search for “Acme Widgets” and find “Acme Widgets, Inc.” and “Acme Widgets LLC,” your name “Acme Widgets Co.” would likely be rejected in most states.

Don’t Forget DBAs (Doing Business As)

Sometimes, businesses operate under a name different from their legally registered name. This is called a DBA (Doing Business As), a Fictitious Name, an Assumed Name, or a Trade Name. These are often registered at the state or county level.

  • Why check DBAs? Someone might be using your desired name as a DBA, which could create potential market confusion even if the legal entity name is different.
  • Where to check DBAs? This varies significantly. Some states include DBAs in the search for the Secretary of State (SoS). Others require searching separate state databases or even checking with individual county clerk offices where you plan to operate. Research the specific requirements for your state and local area.

You must check your state’s official business entity database, usually available on the Secretary of State’s website, to ensure that an LLC, corporation, or similar entity does not already use your name. Also, investigate how and where DBAs and fictitious names are registered in your state and local area.

Local Level: County and City Checks (Less Common but Still Relevant)

In some cases, particularly for certain types of licenses or permits, or for DBA registrations (as mentioned above), you should check at the county or city level.

  • When is this needed? This is less about the availability of a fundamental name for entity formation and more about specific local regulations or ensuring that no hyper-local business is already using the name under a regional registration, such as some DBA filings.
  • To check, visit the website of your county clerk or city business licensing department. The necessity of this step depends heavily on your location and business type.

Section Summary: While less critical than federal and state checks for most businesses, be aware that some local registrations (especially DBAs or specific licenses) might require checking county or city records.

Online Presence: Domain Names and Social Media Handles

Your business name needs to translate effectively to the digital world. Checking online availability is crucial for modern branding.

Why Check Online Availability?

  • Website Identity: Your domain name (e.g., yourbusiness.com) is your primary online address. Having a domain that matches your business name is ideal for branding and customer recall.
  • Marketing Consistency: You want consistent handles across social media platforms for a unified brand presence.
  • Search Engine Optimization (SEO): While not the only factor, having relevant keywords (like your brand name) in your domain can be beneficial.

How to Check Domain Name Availability

  1. Use Domain Registrars: Visit websites like GoDaddy, Namecheap, or Google Domains. They all have prominent search bars.
  2. Enter Your Desired Domain: Type in YourBusinessName.com.
  3. Check Variations: If .com is taken, try other relevant extensions (Top-Level Domains or TLDs), such as .co, .net, .io, .org, or industry-specific ones like .design or .shop. However, .com is generally the most recognized and preferred.
  4. Consider Alternatives: If your exact name is taken, registrars often suggest alternatives. Be creative, but try to stay close to your core brand name. Consider adding a relevant keyword, such as YourNameConsulting.com.
  • Pro Tip: Even if you primarily want YourBusinessName.com, consider registering common variations or typos to prevent competitors or cybersquatters from grabbing them.

How to Check Social Media Handles

This is primarily a manual process:

  1. List Key Platforms: Identify the social media sites most relevant to your business (e.g., Facebook, Instagram, LinkedIn, X, Pinterest, TikTok, YouTube).
  2. Search Directly: Go to each platform and search for your desired business name or username.
    • Check existing profile URLs, such as facebook.com/YourBusinessName.
    • Try signing up or changing a username to see if your desired handle is available.
  3. Check Variations: If your exact name is taken, try slight variations (e.g., adding “HQ,” “Official,” “Inc,” or a relevant keyword). Aim for consistency across platforms if possible.

Your business name check must include searching domain name availability (prioritizing .com) through registrars and manually checking major social media platforms for handle availability. Aim for consistency across your digital assets.

The Search Process: Best Practices for Thoroughness

Simply running a few searches isn’t enough. You need a systematic approach:

Be Thorough and Methodical

Don’t just do one quick search. Perform searches at all relevant levels: federal (USPTO), state (SoS/DBA), and online (domain/social). Use the specific tools designed for each level.

Think About Variations

Don’t just search for the exact name; also try searching for similar names. Consider:

  • Plurals: “Widget” vs “Widgets”
  • Abbreviations: “Corp” vs “Corporation”
  • Misspellings: Common typos of your name.
  • Sound-alikes: Names that sound similar but are spelled differently (e.g., “Sea” vs “See”).
  • Different word orders: “Blue Sky Consulting” vs “Sky Blue Consulting”.
  • Adding/Removing generic words: “Apex Solutions” vs “Apex”.

Document Your Searches

Keep a record of:

  • What names and variations did you search?
  • Which databases do you check (TESS, specific state SoS, domain registrars, social platforms).
  • The date you performed the search.
  • The results, including any potentially conflicting names found, along with their details.

This documentation is helpful if issues arise later or if you need to revisit your options.

Look Beyond Exact Matches (Especially for Trademarks)

Remember the “likelihood of confusion” standard for trademarks. If another registered trademark exists for a similar name in a related field, it can still be a conflict, even if the names are not identical. When in doubt, especially when it comes to trademarks, consult a legal professional.

Section Summary: Effective name checking requires a methodical approach, searching not only for the exact name but also for variations across federal, state, and online databases. Documenting your findings is crucial.

What If My Desired Business Name is Taken?

Discovering your top choice is unavailable can be disappointing, but it’s not the end of the world. Here are your options:

Don’t Panic, Assess the Conflict

First, understand where the conflict lies:

  • Is it a federal trademark? This is often the most serious conflict, especially if it’s in a related field.
  • Is it a state-level business entity registration? This might prevent you from registering that exact name in that state, but doesn’t automatically preclude use elsewhere or trademark possibilities (though confusion is still a risk).
  • Is it just the .com domain? This is frustrating, but it may be workable if other suitable domains or variations are available.
  • Is it a social media handle? Often manageable with slight variations.

Consider Minor Modifications

Can you make small changes to your name to make it unique and available?

  • Add a geographic locator (e.g., “Summit Marketing Denver”).
  • Add a descriptive word (e.g., “Apex Digital Solutions”).
  • Use a different spelling (use caution, as it can be confusing).
  • Add your initials or name.

Make sure the modified name is still memorable, relevant, and, most importantly, available across all levels you re-check.

Explore Acquisition (Use Extreme Caution)

  • Domain Names: If the .com domain is taken but parked (not actively used), you can purchase it through a broker or by contacting the owner. This can be expensive.
  • Trademarks and Business Names: Purchasing an existing business or trademark can be complex and costly, often requiring legal assistance. It’s rarely a practical option for a startup unless the name is intrinsically tied to significant existing brand equity you’re acquiring.

Pivot to a New Name

Often, the most straightforward and safest route is to start over from scratch. Brainstorm new names, using different keywords or concepts related to your business. This ensures you start with a clean slate. Repeat the entire checking process for any new contenders.

If you’re set on a name that has potential conflicts, especially trademark issues, talk to a qualified trademark attorney. They can provide expert advice on the level of risk, the possibility of coexistence agreements (rare), or the strength of your potential claim if you believe the existing mark is weak or abandoned. Do not rely solely on your interpretation of TESS results for high-stakes decisions.

If your name is already taken, assess the nature of the conflict. Consider modifications, cautiously explore acquisition (mainly for domains), or pivot to a new name. For any significant conflicts, especially trademark issues, consult with legal counsel.

Securing Your Chosen Name: The Next Steps

Once you’ve found a great name that appears to be available after thorough checks, act promptly to secure it:

Register Your Business Entity

If forming an LLC or Corporation, file the necessary paperwork with the Secretary of State in your chosen state(s). This officially reserves the name for your entity at the state level. If operating as a sole proprietor or partnership under a different name, register your DBA/fictitious name according to state and local rules.

Register Your Trademark (If Applicable)

If your brand name is distinctive and you plan to operate across state lines or want the strongest protection, consider applying for a federal trademark with the USPTO. This is a separate, more involved process than state business registration and often benefits from legal assistance. State trademark registration is also an option for purely intrastate businesses, offering less protection than federal registration.

Secure Your Digital Assets Immediately

This is critical and should be done almost concurrently with, or immediately after, confirming name availability, even before completing official business registration. Ideally, do it all at once.

Register Your Domain Name(s)

Go to your preferred domain registrar and purchase the primary domain name (e.g., YourBusinessName.com). Also, consider registering:

  • Key variations (e.g., .net, .co).
  • Common misspellings.
  • Hyphenated versions if relevant.

Set domains to auto-renew so you don’t accidentally lose them.

Create Your Social Media Profiles

Go to the social media platforms you identified and create profiles using your chosen business name as the handle or username. Even if you don’t plan to be active on a platform immediately, securing the handle prevents others from taking it.

After confirming availability, promptly register your business entity at the state level. Consider federal trademark registration for broader protection. Also, secure your desired domain name(s) and social media handles immediately.

Building Your Brand Online: Connecting the Name to Your Presence

Securing the name is just the beginning. Now, you need to build the brand associated with it, and your website is central to that effort.

The Name is Just the Start

Your business name is a vessel. You fill it with meaning through your products, services, customer interactions, and, significantly, your online presence.

Your Website: The Digital Hub

Your domain name points to your website, often the first point of interaction for potential customers with your brand. This is where tools for website creation become essential. Platforms like WordPress, combined with powerful design tools like Elementor, allow you to build a professional, functional, and visually appealing website without needing deep coding knowledge.

  • Professional Appearance: A well-designed website builds trust and credibility, reinforcing the quality associated with your chosen business name. Elementor provides extensive widgets, templates, and design controls to achieve a custom look that aligns with your brand identity.
  • Functionality: Your site needs to work seamlessly. Whether it’s showcasing a portfolio, running an e-commerce store, or capturing leads, your website platform needs to support your business goals. Elementor’s flexibility integrates well with various WordPress plugins, adding the necessary functionality.
  • Brand Consistency: Your website’s design, including colors, fonts, imagery, and tone of voice, should reflect the brand identity you’re building around your name. Elementor’s site settings and theme builder capabilities help maintain consistency across your entire site.

Consistency Across Platforms

Use your secured business name and branding elements (logo, colors) consistently across your website, social media profiles, email signatures, and any marketing materials. This reinforces brand recognition.

Importance of Professional Design

While tools like Elementor make professional design accessible, it’s still crucial to focus on user experience (UX), mobile responsiveness, and clear messaging. Your amazing business name deserves an equally impressive online representation. Investing time (or budget) in good design pays off.

Your chosen business name needs a strong online presence, anchored by a professional website. Tools like Elementor, paired with WordPress, enable you to create a site that reflects your brand’s quality, ensures functionality, and maintains consistency, bringing your business name to life online.

Conclusion: Choose Wisely, Check Thoroughly

Choosing a business name is a foundational step with long-lasting implications. Taking the time to thoroughly check its availability across federal, state, local (if applicable), and online channels is not just recommended – it’s essential for avoiding legal issues, market confusion, and branding headaches.

The process involves understanding why you’re checking, knowing where to look (such as the USPTO, Secretary of State, domain registrars, and social media), and following best practices for a comprehensive search. If your first choice is taken, assess the situation carefully, consider alternatives, and don’t hesitate to seek legal advice for complex conditions.

Once you’ve secured the perfect, available name, register it promptly at the state level. Consider trademark protection and lock down your domain name and social media handles. From there, you can confidently start building your brand identity and online presence, knowing your chosen name is genuinely yours. With a solid name secured and powerful tools at your disposal to develop your website, you’re well on your way to establishing a successful business. Good luck!